HomeMy WebLinkAbout1000-104.-9-3 OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: Mark Terry, Principal Planner x,~
LWRP Coordinato/-
Date: September 14, 2010
Re:
Recommendations on the establishment of a Natural Vegetated Buffer for
variance request for Thomas M. and Maureen F. Dowlinq.
ZBA #6412
Thomas M. and Maureen F. Dowlin.q #6412: Request for variance from Code Section
280-124, based on an application for building permit and the Building Inspector's May 26,
2010 Notice of Disapproval concerning proposed additions/alterations to a single-family
dwelling at: 1) less than the code required side yard setback of 15 feet, 2) less than the code
required total side yard combined of 35 feet. Property located at: 1200 Broadwaters Rd.,
(adj. to Broadwaters Cove) Cutchogue, SCTM#1000-104-9-3.
Existing Conditions - A site inspection was conducted on September 9, 2010. This site is
unique in that high marsh wetland vegetation (spartina patens, distich#is spicata, iva
frutescens, baccharis halimifolia and salicomia sp.) occurs landward of the bulkhead for a
distance of approximately 115_+ feet. The vegetation is mowed in several areas; to maintain
a wide (greater than 11') path to an existing boat basin and catwalk, around an existing
flagpole and west of the boat basin to maintain a sitting area (beach chairs were observed).
Evidence of frequent ponding was also observed behind the bulkhead in areas of lower
elevation surrounding the flagpole. Hydrology on site indicates that if the mowing of these
areas stopped, high marsh wetland species would re-establish within the areas.
The area between the bulkhead and lawn is a wetland and any activities proposed within the
area are subject to the provisions of Chapter 275 Wetlands and Shorelines of the Southold
Town Code. Any building or structure proposed within 75' of the bulkhead are subject to
§ 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added
3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L,
No. 8-1993]
It is recommended that a buffer area be established to minimize impacts to surface and
subsurface water quality, vegetation and habitat. The landward limit of the buffer is
proposed where the transition from wetland vegetation to lawn area occurs (approximately
115' form the bulkhead). Further, it is recommended that the applicant is permitted to
maintain an unimproved (mowed) path to the water body, the area surrounding the flagpole
and the sitting area. With the exception of the sitting area, proposed dimensions of these
areas are proposed below.
A sample definition of a natural vegetated buffer is included for your use.
NATURAL VEGETATED BUFFER - the area of existing high marsh and other wetland
vegetation which occurs from the most southern point of the bulkhead south for a distance
of 115'. Grading or clearing activities within the buffer are prohibited except for maintenance
activities. Maintenance activities within the buffer are limited to clearing and/or removing
vegetation which are hazardous to life and property, trimming tree limbs up to a height of
fifteen feet (15') to maintain view sheds, replanting of vegetation, establishing and
maintaining (mowing) a four foot (4') wide access path to access the water-body, the sitting
area and a 20' x 20' area around the flagpole.
Figure 1. Recommended limits of the natural vegetated buffer.
Cc: Jennifer Andaloro, Assistant Town Attorney